Protecting the Record: Advice for Trial Lawyers

Are you an experienced trial lawyer who wants to take steps to improve your client’s position on a possible appeal? Are you new to trial work and would like to know what you can do to protect the record? Would you like some tips and tricks for success on what might be your first appeal?

This program is designed to give you an appeal’s perspective so that you can maximize the conduct of a trial and improve your client’s position in the event of an appeal. Our panel of appellate experts will share tips and advice on how counsel can improve their client’s position, as either appellant or respondent, by thinking ahead.

Topics Will Include:

• Ensuring you get it all into evidence
• Making objections clearly on the record
• Preparing for the appeal while you prepare for trial

Professionalism Content: Ethical Advocacy

Conduct in the Trial and Appellate Courtroom:

• How counsel’s conduct is seen through a transcript
• Rising to interrupt submissions
• The duty to fairly and accurately represent the evidence

Treating Others with Courtesy and Respect:

• Ethical advocacy toward the court, tribunal, opposing counsel, parties, and others
• Trial counsel’s conduct toward counsel, the judge, and the witness (whether positive or negative), how it appears on the record, and how it affects the appeal
• Traditions such as shaking hands with everyone, not just senior counsel

Presenters:

• Shantona Chaudhury
• Jennifer L. Hunter
• Cynthia Kuel
• Justice Bradley Miller